The Energy Department has postponed its own rescission of a minority business loan rule for the sixth time, and the rule it promised to withdraw if anyone objected is still on the books sixteen months later
Six times now.
The Energy Department published a direct final rule on 16 May 2025 that would strike 10 CFR Part 800, the regulations governing loans for minority business enterprises seeking Department contracts and assistance. It has not taken effect. On Wednesday the Department pushed the date back again, from 1 September to 24 December 2026, in a two-paragraph notice in the Federal Register that recites the whole sequence in a single sentence.
The sentence that carries the record
The dates paragraph names every step: delayed to 12 September 2025, then 9 December 2025, then 9 March 2026, then 4 June 2026, then 1 September 2026, and now 24 December 2026. Each carries its own Federal Register citation. Sixteen months of postponement sit in eighty words.
What the Department promised at the start
The original notice was a direct final rule, which is the shape an agency uses for a change it expects nobody to fight. It comes with a condition attached, and the Department wrote its own: if significant adverse comments were received by 16 June 2025, DOE would withdraw the rule.
On 14 July 2025 the Department published a document delaying the effective date instead, and the reason it gave was to consider comments submitted in response. It has not said what those comments were, whether it judged any of them significantly adverse, or what it concluded. The condition it set for itself has been neither met in public nor released.
The reason given this time
The Department says it is extending the date in order to follow Department of Justice direction on the topic of the rule, under Executive Order 14281, "Restoring Equality of Opportunity and Meritocracy", and Executive Order 12250, on the coordination of nondiscrimination laws.
No comment period opens. The notice treats the delay as a rule of procedure under 5 U.S.C. 553(b)(A), exempt from notice and comment, and says it is not a substantive rule requiring the usual 30-day delay before taking effect.
Chris Wright, the Secretary of Energy, signed it on 24 August. Until December, the rule the Department wants to rescind remains the law.


